Formation of the International Sales Contract under the Vienna Convention and the other Sources of Sales Law of Croatia

Formation of the International Sales Contract under the Vienna Convention and the other Sources of Sales Law of Croatia

Brnabić, Ratko

Abstract: The development of international trade led to the necessity of equalizing the legal mechanisms for regulating legal relations, arising from international trade transactions. Increasingly important role of international trade questions national trade laws because they often do not meet the needs of international trade, and the problems particularly arise when a dispute arises with an international element. As the needs of trade are changing, the trade practice changes as well. Increased overseas trade highlights problems arising from the diversity of national legislative even more. By concluding the contract, parties reveal that they were led by different legal standards and practices. In this sense, there have been attempts to equalize mentioned legislation in order to create legal certainty and to reduce unnecessary costs related with the conclusion of contracts by an unknown law and the crown of these efforts is United Nations Convention on Contracts for the International Sale of Goods Act 1980. Writers domestic law that regulate this matter have a number of advantages over writers of conventions. Namely, they operate in developed legal system, with a rich jurisprudence, and if they want to integrate new legal institutes from foreign legislation, it may easier to do than when it comes to international document. In the process of creating the Convention compromises were inevitable, all in order to match elements of civil law and common law.

Article
PeerReviewed

ISSN 2303-5706

International Burch University

2015

2851